Appreciate Stuff provides a place for users to digitally catalog their goods within their "Appreciate" closet. The Services are intended for communication, transactional, informational, and entertainment purposes as well as other interactive uses. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. You agree you will only use the Services for their intended purposes, and not for other commercial ventures without first seeking approval from Appreciate Stuff. You may not use the Services to establish any independent data files, databases, compendiums, or any other reference materials.

1.1 Eligibility

You may use the Services only if you can form a binding contract with Appreciate Stuff, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, or where your use of the Services would be illegal or otherwise violate any applicable law. Any use of or access to the Services by anyone under the age of 13 years old (or under the age of 16 years old in Europe or younger than the age of majority in the applicable foreign jurisdiction) is strictly prohibited and in violation of this Agreement. In addition, if you are under 18 years old, you may use the Services only with the approval of your parent or guardian. The Services are not available to any users previously removed from the Services by Appreciate Stuff. By entering into this Agreement, you represent and warrant that you meet the following minimum requirements (“Eligibility Requirements”): (i) you have the necessary rights and authority to enter into and perform the obligations required of you as a User Account (as defined in Section 1.3) holder under this Agreement; (ii) all account and billing information, and all data and information which you transmit using the Services (collectively, “Account Data”) is and will remain within your right to use and is accurate, complete and current; (iii) your use of the Services will comply with all applicable laws and regulations; and (iv) you will not infringe the rights of any third party (including, without limitation, any intellectual property rights or privacy rights) in your use of the Services.

Use of the Services may require one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended.

Other than the exceptions referenced in this Agreement, the major exception being user generated content which remains the property of the respective User Account holder or other users of the Services that upload or post such content as set forth in Section 6, below, the Services and all content or materials therein or transferred thereby, including, without limitation, software, images, text, data, links, graphics, illustrations, organization and layout, color selections, logos, patents, names, trademarks, service marks, copyrights, photographs, audio, videos, and music (collectively, the “AS Content”), are protected by United States and international copyright laws or other applicable intellectual property laws related thereto. All AS Content is either the exclusive property of Appreciate Stuff or made available through arrangements with third parties. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or to any such AS Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any AS Content except as permitted under this Agreement. No other use is permitted without Appreciate Stuff's prior written consent. You acknowledge that no right, title, or interest in or to any AS Content is transferred to you as a result of you accessing, downloading, or printing any AS Content. The use or posting of any AS Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the AS Content and the Services shall automatically terminate and you shall immediately destroy any copies you have made of the AS Content. AS Content protected by this Section 2 includes, without limitation, certain third-party copyrighted images made available on or through the Services. You acknowledge that you have no rights in such third-party AS Content. Use of the AS Content for any purpose not expressly permitted by this Agreement is strictly prohibited and potentially a violation of copyright, trademark, and other applicable laws related to intellectual property protections.

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Appreciate Stuff under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Appreciate Stuff does not waive any rights to use similar or related ideas previously known to Appreciate Stuff, or developed by its employees, or obtained from sources other than you.

APPRECIATE STUFF and other trademarks, service marks, and logos used and displayed on or through the Services are registered or unregistered trademarks or service marks of Appreciate Stuff (the “AS Trademarks”). Other company, product, and service names available through the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks” and, collectively with the AS Trademarks, the “Trademarks”). Nothing available on or through the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on or through the Services without the prior written consent of Appreciate Stuff for each such specific use. Use of any Trademarks as part of a link to or from any web site is prohibited without Appreciate Stuff's prior written consent. All goodwill generated from the use of any AS Trademarks shall inure to Appreciate Stuff's benefit. All rights not expressly granted herein are reserved to Appreciate Stuff.

The Services contain data, information, and other content not owned by you (“AS Property”). You understand and agree that regardless of terminology used, any right to use AS Property granted to you represents a limited license right governed solely by the terms of this Agreement and available for distribution at Appreciate Stuff's sole discretion. You acknowledge that you do not own the User Account you use to access the Services, nor do you possess any rights of access or rights to data stored by or on behalf of Appreciate Stuff on Appreciate Stuff servers, including without limitation, any data representing or embodying any or all AS Property. You agree that Appreciate Stuff has the absolute right to manage, regulate, control, modify and/or eliminate AS Property as it sees fit in its sole discretion, in any general or specific case, and that Appreciate Stuff will have no liability to you based on its exercise of such right. All data on Appreciate Stuff's servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON APPRECIATE STUFF'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME AND FOR ANY REASON IN APPRECIATE STUFF'S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. APPRECIATE STUFF DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON APPRECIATE STUFF'S SERVERS.

3.1 Accuracy of Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You will pay applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

If the Services include professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Services. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

You acknowledge that any opinions or recommendations available on or through the Services are not necessarily those of Appreciate Stuff nor endorsed by Appreciate Stuff. Appreciate Stuff does not guarantee or promise that any opinions or recommendations available on or through the Services are accurate or will be helpful to any issue you may have. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON OR THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. YOU AGREE THAT APPRECIATE STUFF IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY INJURY OR HARM THAT MIGHT RESULT FROM USING OR IMPLEMENTING IN ANY MANNER ANY OF THE OPINIONS OR RECOMMENDATIONS FOUND ON OR THROUGH THE SERVICES.

Please note that by creating a User Account and providing your phone number, you consent to receive autodialed or prerecorded calls and text messages from us at the telephone number(s) you provide to us. We may place such calls or texts to: (i) help keep your User Account secure through the use of two-factor authentication; (ii) help you access your User Account when you've forgotten your password; or (iii) as otherwise necessary to service your User Account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you.

Certain parts of the Services may allow you to upload your own user generated content (“UGC”) in certain locations or as part of your use of the Services. Any UGC you transmit, post or otherwise make available on or through the Services, which includes any comments, pieces, ideas or other information or materials you make available in any form including, but not limited to, any visual or audio data, is made available to Appreciate Stuff on a non-proprietary and non-confidential basis. You hereby grant to Appreciate Stuff and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, and irrevocable right (including moral rights) and license to use, reproduce, distribute, modify, adapt, translate, create derivative works based on, publish, perform and/or display your UGC for the purposes of: (i) displaying and demonstrating the capabilities and functioning of the Services; (ii) marketing the Services, in any media now known or hereafter developed; and/or (iii) for any other purposes to which you consent, without compensation to you or any other provider of UGC. You also agree to permit any other user of the Services to access, display, view, store, and reproduce such UGC for personal use. This license includes any right of publicity rights that may be present in the UGC.

You hereby agree that to the extent you include in your UGC any Personal Information, Appreciate Stuff may process and disclose such information as necessary to: (i) fulfill Appreciate Stuff's obligations under this Agreement; (ii) comply with any applicable legal obligations; (iii) avoid any imminent harm to you or another person; (iv) carry out tasks in the public interest; or (v) pursue other legitimate interests as set forth in this Agreement, provided such legitimate interests are not overridden by the interests or fundamental rights and freedoms of the person whose information is at issue. User Account holders shall at all times use the Services in accordance with all applicable privacy laws and regulations in order to transfer or disclose any Personal Information provided by other users of the Services to Appreciate Stuff and its service providers or their respective affiliates, subcontractors, agents, successors and/or assigns.

Appreciate Stuff reserves the right to comply and cooperate with any and all legal requirements, legal or regulatory authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. You waive and hold harmless Appreciate Stuff from any claims resulting from any action taken by Appreciate Stuff during or as a result of an investigation and/or from any actions taken as a consequence of investigations by either Appreciate Stuff or law enforcement.

You acknowledge and agree that Appreciate Stuff may refuse, alter, edit, delete, or disclose any UGC in whole or in part without cause and without notice for any legitimate purpose including, but not limited to, to address any UGC that Appreciate Stuff determines is inappropriate or disruptive to the Services or to any other user of the Services. Appreciate Stuff has no obligation or duty to, and does not represent that it will, monitor, change, or remove any UGC. Appreciate Stuff has no direct control over any UGC, and therefore Appreciate Stuff is not liable to you or anyone else for any harm or damages you may experience in using and/or relying on any UGC. None of the UGC available on or through the Services is fact-checked or maintained by Appreciate Stuff.

You represent and warrant to Appreciate Stuff that any UGC you make available on or through the Services is original to you and you own all right, title and interest, including the intellectual property rights, to such UGC, or you have obtained all permissions, releases, rights or licenses from the respective owner that are required to grant the rights and assignment granted herein without obtaining any further releases or consents. You further represent and warrant that you will not make any UGC available on or through the Services that infringes third-party rights including, but not limited to, any intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you make available on or through the Services.

The transmitting, posting, or making available of UGC through the Services does not indicate any approval or endorsement by Appreciate Stuff of such UGC. Appreciate Stuff is not responsible for, and hereby disclaims any and all liability that may arise from, the UGC or any act of accessing, browsing, contributing to, or otherwise using the Services.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides some recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Services infringe your copyright, you (or your agent) may send Appreciate Stuff a notice requesting that the material be removed, or that access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://copyright.gov/ for details). Notices and counter-notices with respect to the Services should be sent via registered mail or email to Appreciate Stuff’s designated agent for notice of claims of copyright infringement at:

By Mail

2202 18th Street NW #205 Washington, DC 20009

Attn: Copyright Agent

By Email – designatedagent@appreciate.it

Under the DMCA, notices must include all of the following details:

• i. An electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• ii. Identification of the copyrighted work(s) claimed to have been infringed or, if multiple works at a single online location are covered by a single notice, a representative list of such works at such location;
• iii. A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Appreciate Stuff to locate the material, such as its URL;
• iv. Information reasonably sufficient to permit Appreciate Stuff to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
• v. A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• vi. A statement, made under the penalty of perjury, that the information in the notice is accurate, and that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Appreciate Stuff takes copyright and other intellectual property issues seriously, and will terminate access to the Services for any User Accounts and/or users that are connected to valid and repeat copyright infringement complaints.

If you believe that any UGC available on or through the Services violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to designatedagent@appreciate.it detailing your allegation and please specify “Copyright Agent” in the subject line of the email. Appreciate Stuff takes infringement of intellectual property rights seriously and will investigate the matter.

In connection with your access to and/or use of the Services, you agree that you will NOT transmit, post or otherwise make available through use of the Services any UGC or data that:

• i. Violates this Agreement, including, without limitation, the Appreciate Stuff Privacy Policy or any applicable laws, rules, or regulations;
• ii. Is unlawful, harassing, bullying, abusive, tortious, threatening, harmful, hateful, libelous, defamatory, obscene, offensive, vulgar, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, is invasive of another's privacy, or is otherwise objectionable;
• iii. Intentionally discriminates against or harasses particular individuals or groups, promotes or depicts racism, bigotry, hatred, violence or physical harm of any kind towards any group or individual;
• iv. Incites, promotes, or engages in any planning or advocacy for violence, rioting, illegal activities or contributes to the creation of weapons, illegal materials, or otherwise is violent in nature, illegal, or would give rise to criminal or civil liability in any way;
• v. Includes the Personal Information or other non-public data of any other person without such person's express consent;
• vi. Constitutes protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA) or any regulation, rule, or standards issued thereunder, or similarly protected sensitive Personal Information under any applicable state law, rule, or regulation;
• vii. Infringes any third party's intellectual property rights or other third-party rights;
• viii. Provides any false, deceptive, fraudulent, or misleading information or content to Appreciate Stuff, other users of the Services, or any other third party through your use of the Services;
• ix. Impersonates any person or entity, misrepresents yourself or falsely states or otherwise misrepresents your affiliation with any person or entity; or
• x. Implies Appreciate Stuff endorses any of your statements or positions.

Appreciate Stuff cares about the integrity and security of your Personal Information and other data. However, we cannot guarantee that all information transmitted online will be secure or that unauthorized third parties will never be able to defeat our security measures or use your Personal Information or other data for improper purposes. You acknowledge that you provide your Personal Information and any other data at your own risk.

The Services may contain links to third-party materials that are not owned or controlled by Appreciate Stuff (“External Links”). Appreciate Stuff does not endorse or assume any responsibility for any third-party sites, information, materials, products, or services available through such External Links. If you access or use one of the External Links or share content available on or through any External Links, you do so at your own risk, and you understand that this Agreement and Appreciate Stuff's Privacy Policy do not apply to your use of such External Links. You expressly relieve Appreciate Stuff from any and all liability arising from your use of any External Links, including without limitation, content submitted by other users of those External Links. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Appreciate Stuff shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Appreciate Stuff may also allow for integration and other interactions between the Services and other third-party social media platforms. This may include integration with third-party buttons or plugins available on or through the Services that when used, may allow you to share content from our Services or other content with other persons on or through the third-party social media platforms or elsewhere. Please consult the privacy policies of these third-party services before using them to make sure you are comfortable with the respective level of sharing. Appreciate Stuff has no control over these third-party social media platforms and you use these interaction functions at your own risk. Appreciate Stuff is in no way liable for any harm to you as a result of using one of these social media interaction functions.

You agree to defend, indemnify and hold harmless Appreciate Stuff and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their respective employees, contractors, agents, business partners, representatives, attorneys, officers, directors, and any other party involved in the creation, production or transmission of the Services (collectively, the “Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including without limitation, reasonable legal and accounting fees, costs of defense and direct, indirect, punitive, special, individual, consequential, or exemplary damages the Indemnified Parties suffer in relation to or resulting from, or for the purpose of avoiding, any third-party claim or demand that relates to: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access to and use of the Services through your User Account.

Appreciate Stuff shall provide notice to you of any such indemnification claim, suit, or proceeding. Appreciate Stuff reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 11. In such case, you agree to cooperate with any reasonable requests in assisting Appreciate Stuff's defense of such matter. Your indemnification obligations shall survive the termination of this Agreement.

AVAILABLE” BASIS. ALL USE OF THE SERVICES IS DONE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, APPROPRIATENESS, TIMELINESS, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPRECIATE STUFF OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APPRECIATE STUFF AND THE OTHER INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ANY WARRANTY THAT: (I) THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; (II) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (V) OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS FURTHER, THE INDEMNIFIED PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPRECIATE STUFF SERVICES OR ANY EXTERNAL LINKS, AND APPRECIATE STUFF WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY OTHER USER FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO: (I) THIS AGREEMENT; (II) THE USE OR INABILITY TO USE THE SERVICES; (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES AVAILABLE ON OR THROUGH THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY EXTERNAL LINKS AVAILABLE ON OR THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES WILL APPRECIATE STUFF OR ANY OF THE OTHER INDEMNIFIED PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPRECIATE STUFF AND THE OTHER INDEMNIFIED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO APPRECIATE STUFF IN THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT CAUSED THE APPLICABLE CLAIM OR $50.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF APPRECIATE STUFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY DEPENDING ON THE JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN, THAT APPRECIATE STUFF PROVIDES ITS SERVICES IN RELIANCE ON THE ENFORCEABILITY OF THESE PROVISIONS, AND THAT SUCH PROVISIONS SHALL APPLY NOTWITHSTANDING THAT ANY REMEDY SHALL FAIL ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH APPRECIATE STUFF'S SERVICES OR THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

14.1 Governing Law

YOU HEREBY CONSENT AND AGREE that: (i) the Services shall be deemed solely based in Delaware; and (ii) the Services shall be deemed passive and shall not give rise to personal jurisdiction between the parties, either specific or general, in jurisdictions other than Delaware. YOU HEREBY CONSENT AND AGREE that this Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 14.2 and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. YOU HEREBY CONSENT AND AGREE to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. YOU HEREBY CONSENT AND AGREE that Delaware is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

15.1 App(s)

As mentioned, we may make available software to access the Services via one or more App(s) on your mobile device. To use the App(s), you must have a compatible mobile device. You should check the minimum requirements and specifications (including memory space and operating system) as set out in the App details on the applicable store page before downloading our App(s). Appreciate Stuff does not warrant that the App(s) will be compatible with your mobile device. You acknowledge and agree that the system requirements for the App(s), which may be changed from time to time, are your responsibility. We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of the App(s) and any or all content on the App(s) may be restricted from time to time to allow for repairs, maintenance or updating. You may use mobile data in connection with the App(s) and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Appreciate Stuff hereby grants you a non-exclusive, non-transferable, revocable license to use the App(s) for one User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App(s), except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App(s) to any third party or use the App(s) to provide time sharing or similar services for any third party; (iii) make any copies of the App(s); (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App(s), features that prevent or restrict use or copying of any content accessible through the App(s), or features that enforce limitations on use of the App(s); or (v) delete the copyright and other proprietary rights notices on the App(s). You acknowledge that Appreciate Stuff may from time to time issue upgraded versions of the App(s), and may automatically electronically upgrade the version of the App(s) that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the App(s) is covered by the applicable open source or third-party licenses EULAs, if any, authorizing use of such code. The foregoing license grant is not a sale of the App(s) or any copy thereof, and Appreciate Stuff or its third-party partners or suppliers retain all right, title, and interest in the App(s) (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Appreciate Stuff reserves all rights not expressly granted under this Agreement. If the App(s) is/are being acquired on behalf of the United States Government, then the following provision applies. The App(s) will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Services and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. The software for the App(s) originates in the United States, and is subject to United States export laws and regulations. The App(s) may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the App(s) may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the App(s) and the Services. To download the App(s), you will need a valid account for the online store where the App(s) is/are available (as applicable to your device).

16.1 Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Appreciate Stuff without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.